Category: Blaze Media
Pipe-bomb prosecutors ‘reckless’ for insinuating Brian Cole’s family was involved, attorney says
The defense team for Jan. 6 D.C. pipe-bomb suspect Brian Cole Jr. accused the U.S. Department of Justice of being “reckless” by insinuating that Cole’s sister and grandmother were somehow involved in the crime.
Defense attorney J. Alex Little filed an 11-page rebuttal of the DOJ’s recent 39-page opposition memo, which seeks to prevent Cole’s release from jail pending trial.
‘It is an unjustified deprivation of liberty.’
Oral arguments on the question were held before U.S. District Judge Amir Ali on Jan. 28. The judge said he would issue a ruling later. On Jan. 16, Judge Ali denied an emergency motion for Cole’s release from custody. The judge set a status hearing for Feb. 27.
Cole was arrested Dec. 4 on a criminal complaint alleging that he planted pipe bombs behind the Democratic National Committee building and near the Republican National Committee building between 7:54 p.m. and 8:16 p.m. on Jan. 5, 2021. In January 2026, he was indicted by a federal grand jury and charged with two explosives-related crimes.
‘Resorts to insinuation’
Near the end of its Jan. 23 memo opposing Cole’s release from jail pending trial, the DOJ mentioned that Cole’s sister texted her mother that she was going into D.C. on Jan. 5, 2021. Brittany Cole texted her mother that her grandmother cautioned her there could be protests.
“Unable to identify an actual, present threat, the government resorts to insinuation. It closes its response by suggesting that Mr. Cole’s sister and grandmother may have been involved in the charged conduct,” Little wrote.
“Its proof? Text messages showing that Mr. Cole’s sister — a club promoter who frequently works in Washington D.C. — told her mother she was going to the city, and that her grandmother had warned it might be crowded,” he wrote.
The DOJ memo also mentioned that Cole sent texts to his mother in the days leading up to Jan. 6. There was no mention of the content of those messages. Little said this reference baselessly suggested something nefarious.
A federal grand jury charged Brian Cole Jr. with two explosives-related charges, alleging he planted pipe bombs on Capitol Hill on Jan. 5, 2021. FBI, Prince William County photos
The DOJ said Cole’s sister texted their mother at 4:17 p.m. Jan. 5, writing: “I’m going to dc…Grams said it may be crazy out there so I was just letting you know.” The sister “sent a text message to the defendant a few hours earlier, at approximately 12:39 p.m. on Jan. 5,” the DOJ memo read.
“That is not evidence of involvement. Nor is it evidence of dangerousness,” Little countered. “It is family checking in with each other. The government’s decision to publicly imply, with no factual basis, that these private citizens are connected to domestic terrorism is reckless and reveals how little actual evidence it has that Mr. Cole poses a continuing danger.”
Brittany Cole provided an affidavit on Jan. 27 stating that her job as a concert promoter took her to D.C. that afternoon and that her trip had nothing to do with Jan. 6 or the crimes her brother is accused of.
‘Unable to identify an actual, present threat, the government resorts to insinuation.’
“As part of my work, I routinely had meetings and would attend events in the Washington D.C. area,” she wrote. “I attended these meetings and events as a networking event for my work and the nightclubs I marketed before.”
Tim Lauer, director of external affairs at the U.S. Attorney’s Office for the District of Columbia, told Blaze News, “When a defendant claims he should be released into the custody of his family, there will inevitably be a court discussion about the appropriateness of that release.”
For nearly a month, the two sides in the pipe-bombs case have argued whether Cole should be held behind bars until trial. The government insists that Cole is so dangerous that no combination of supervision or monitoring could adequately protect the public.
The DOJ said Cole had purchased other items besides the alleged bomb-making components used for the pipe bombs. This included a pressure cooker on July 25, 2020, a funnel and canning jar on Jan. 28, 2021, nails on Feb. 10, 2021, four alarm clocks and duct tape on March 28, 2020, and three analog wristwatches in 2020 and 2021.
Little said the pressure cooker was purchased to cook meals and was not some kind of bomb component.
“Mr. Cole explained during his interrogation that he bought it for the house for cooking, and there is no evidence it has ever been used for anything else,” Little wrote, noting that “millions of Americans own pressure cookers.”
Police walked right past DNC pipe bomb to first look under a bush where bomber sat 17 hours earlier. Photos by U.S. Capitol Police
“The government’s inclusion of this item in a list of purported ‘bomb-making components’ is the kind of innuendo that pervades its argument — suggestive without context but unsupported by any actual evidence,” Little said.
In numerous filings with the court, the DOJ said Cole “used beaker sets to conduct another science experiment to create potassium chlorate,” a chemical “oxidizing agent commonly used in explosives.” This experiment was done sometime after Jan. 5, the DOJ said.
Little said the DOJ “has the timeline wrong.”
‘There is significant evidence of the defendant’s continued interest in bomb-making.’
“This experiment occurred years before the charged conduct, not after,” Little wrote. “During his interview, Mr. Cole described the experiment in detail: He used beakers and got bleach on the carpet. The government’s own discovery confirms that the beakers the government describes were purchased in 2018.”
Cole’s mother, Delicia Cole, provided an affidavit stating, “In or before 2018, while living in my home, Brian attempted a science experiment to create homemade ‘rocket fuel.’” Her son’s attempt to make rocket fuel “was an innocuous science experiment without any ill intent,” Delicia Cole wrote.
Little said the DOJ has provided no forward-looking evidence of Cole being a danger to society. He said his client is willing to be placed under the strictest release conditions, including home detention and GPS monitoring.
“Mr. Cole’s alleged conduct occurred more than five years ago. He has done nothing dangerous since,” Little wrote. “He has no criminal history, strong community ties, and family — including a retired law enforcement officer — willing to ensure his compliance.”
‘Deprivation of liberty’
Given Cole’s willingness to submit to comprehensive release conditions, Little said that continued detention of his client “is not the ‘carefully limited exception’ the Constitution requires — it is an unjustified deprivation of liberty.”
The DOJ cited Cole’s alleged history of purchasing bomb-making components, his alleged confession, and a nearly five-year effort to avoid law enforcement as factors showing he is a danger to society and must remain in custody.
“There is significant evidence of the defendant’s continued interest in bomb-making, and there are concrete reasons to doubt that the defendant will abide by release conditions or that a third-party custodian will effectively monitor him,” Assistant U.S. Attorney Charles R. Jones wrote in a memo opposing Cole’s release.
“On this record, and given the statutory presumption of detention, there is clear and convincing evidence that no combination of conditions will reasonably assure the community’s safety if the defendant is released,” Jones wrote.
A U.S. Capitol Police bomb robot (center) responds to the Democratic National Committee building on Jan. 6, 2021. Photos by FBI, U.S. Capitol Police
Little scoffed at the idea that his client evaded law enforcement for nearly five years.
“The government paints him as a criminal mastermind who engaged in a sustained effort to avoid apprehension. But the government’s own evidence tells a different story,” Little wrote.
While the DOJ said Cole “wiped” his Samsung cell phone more than 940 times, Little said that began 18 months after Jan. 5. “If Mr. Cole were trying to destroy evidence of the January 5, 2021, offense, one would expect the wiping to begin immediately afterward, not 18 months later,” Little said.
“The government’s own discovery shows that Mr. Cole purchased CCleaner, an application that advertises its ability to make phones and computers operate faster by cleaning out junk files,” Little wrote. “According to Mr. Cole’s interview, he understood it to be antivirus software.
“According to the government, beginning in July 2022, he started compulsively using the cleaning function — a pattern consistent with his documented OCD.”
The defense submitted an affidavit of Maryland neuropsychologist David O. Black, who said he diagnosed Cole with autism spectrum disorder, level 1, and obsessive-compulsive disorder.
“Over the past several years, Mr. Cole has repetitively wiped his phone of junk files,” Black wrote. “Repetitive behavior of this nature is consistent with behavior that is often seen in obsessive-compulsive disorder.”
Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!
‘He is no victim’: Sister of man shot by Border Patrol in Arizona tells anti-ICE protesters to stop defending him
While many on the left expressed outrage at the shooting reported near the U.S.-Mexico border by federal agents, the sister of the man shot says he’s “no victim.”
Very few details were initially available when the shooting 10 miles from the border was reported on Tuesday. One person was shot at about 7:30 a.m. and was in serious but stable condition.
‘He is no victim. He is a violent person. That’s who he always has been.’
The man was later identified as 34-year-old Patrick Gary Schlegel. Police said he had an active warrant for human trafficking when he was stopped and that two men rushed out of his truck after he drove away.
He eventually ran out of the truck and fired gunshots in the direction of a police helicopter pursuing him, which led to his getting shot and being injured in the leg and head.
Amber Schlegel, the man’s sister, told KOLD-TV Wednesday that he had placed many people in danger through his actions.
“To hear that he’s back running illegals again didn’t surprise me, but to hear that he actually fired at federal agents — that took me by surprise,” she said. “He is no victim. He is a violent person. That’s who he always has been.”
She said that she had already sought a protection order against him when he threatened her for speaking out against him.
“He’s where he should be,” she added. “Whether he recovers or not, he needs to be locked up for a very long time.”
Police said they found a handgun, a .45 pistol, and a cell phone in Schlegel’s possession.
The two men who were in his truck allegedly told police that they had paid Schlegel to bring them across the border. One claimed to have paid $8,000, while the other said he paid him $14,000.
The man is charged with assault on a federal officer and had many other previous run-ins with the law.
“Schlegel has a significant criminal history to include an active federal arrest warrant issued in 2025 by the U.S. Marshals Service for escape related to a previous smuggling conviction,” said Heith Janke, FBI special agent in charge in Phoenix.
Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!
The Spectacle Ep. 320: Can ICE Save Minnesota From Democrat Corruption & Their Illegal Immigration Schemes?
The escalating outrage against ICE in Minnesota continues to show the Left’s ignorance of what ICE is actually doing —…
Dear Globalists, AI Won’t Defeat Christianity
This year’s meeting of liberal elites in Davos, Switzerland, was supposed to be banal. You can always tell when meetings…
Springsteen’s ‘Streets of Minneapolis’ an Ode to Fascists Obstructing the Law
Do you remember when Bruce Springsteen wrote that rousing anthem to honor Laken Riley? Me neither. But on Wednesday, he…
German Bobsledder Lisa Buckwitz Reveals She Funded Her Olympics Dream With OnlyFans
I can’t believe I’m raising girls in this world
Bondi announces $1M reward for whistleblower who reported antitrust crime
Attorney General Pam Bondi announced in a press release Thursday that the Department of Justice (DOJ) and the United States Postal Service had given its first-ever reward to a whistleblower under a new policy launched in July. “This enabled us to dismantle a $16 million fraud scheme that was cheating American consumers,” Bondi said in…
First lady takes center stage at ‘Melania’ documentary premiere
In a first for a first lady, Melania Trump took a starring role at the world premiere of her forthcoming eponymous documentary film. “I think people will enjoy the movie,” the first lady said at the “Melania” premiere on Thursday at the Kennedy Center in Washington. Cameras, she told ITK, filmed her “day and night”…
Live updates: Senate finds deal with DHS funding that could avoid shutdown
Hours after Senate Democrats and a few Republicans took down a procedural vote that would have advanced a major government funding package, the Senate found a deal that could yet avoid a partial government shutdown. The agreement will split the bill funding the Department of Homeland Security (DHS) off from a “minibus” package of five…
